SELECT COMMITTEE ON FOREIGN AFFAIRS debate -
Wednesday, 13 Dec 2000

Vol. 3 No. 4

UN International Convention on the Elimination of All Forms of Racial Discrimination.

Chairman

The committee is a select committee for the purpose of considering the UN Convention on the Elimination of All Forms of Racial Discrimination. I will leave the private business until later to facilitate the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Hanafin, who I welcome. I also welcome Mr. Philip Watt, Director of the National Consultative Committee on Racism and Interculturalism.

The UN International Convention on the Elimination of All Forms of Racial Discrimination is one of the most important human rights instruments. Although Ireland signed the convention in 1968 we have not been able to ratify it as the necessary legislation was not in place. I welcome the fact that the Employment Equality Act, 1998, and the Equal Status Act, 2000, are in place. It means that the convention can be ratified.

It is deplorable that on a topic such as racial discrimination, Ireland has waited 32 years to ratify the convention. Approximately 156 countries have ratified it. Ireland is at the bottom of the heap in spite of its protestation of concern for people etc. The reality is different.

Deputy J. O’Keeffe

Perhaps we could consider as a separate matter whether there have been other important conventions over the past 30 or 40 years which we have not ratified.

Chairman

When the previous Minister for Foreign Affairs, Deputy Andrews, attended the committee I tried to ascertain how many uncontroversial conventions of this nature were signed by Ireland but unratified. I had the greatest difficulty in getting the information. He told me he would send it, but for months the Department declined to respond. Eventually it wrote to me with great reluctance to advise that the number exceeds 20. That was approximately 18 months ago. I am not sure how many have since been ratified, but I believe it is not more than one or two.

Deputy J. O’Keeffe

Perhaps we should resolve in the new year to focus on these unratified conventions. The current staff of the Department cannot be blamed for the omissions of the past, but we should encourage them to get up to date as soon as possible.

Chairman

The Department, having waited 32 years to have this convention ratified, now advises the Dáil to ratify it. Apparently members of the committee were circulated with copies of the convention some time today and the committee must consider it within approximately 30 minutes. That is deplorable. It is time committees put the foot down about matters of this kind. What are the consequences if I refuse to ratify it until the new year?

Minister of State at the Department of Justice, Equality and Law Reform (Deputy Hanafin)

I do not believe there will be consequences. The reason for the delay is that it was a requirement of the convention to have domestic legislation in place together with a mechanism to ensure we could address imbalances or acts of racial discrimination. Now that the legislation and mechanisms are in place we are in a position to ratify the convention. The Minister gave a commitment that as soon as the legislation was passed it would be ratified. It is not an immediate consideration, but having waited this long perhaps it is important to ratify it.

Deputy J. O’Keeffe

Am I correct in concluding that the legislation had to be put through by the Department of Justice, Equality and Law Reform to enable the convention to be ratified?

Deputy Hanafin

The legislation and measures emanated from the Department of Justice, Equality and Law Reform. They were the Employment Equality Act, the Equal Status Act and the infrastructure for establishing the Equality Authority and the Office of the Director of Equality Investigations. They allow us to show that we have the domestic legislative infrastructure in place and are now in a position to ratify the convention.

Chairman

The two Acts in question only recently came under the aegis of the Department of Justice, Equality and Law Reform. They would have been the responsibility of the then Department of Labour from the time the convention was signed in 1968, but that Department did not bother to act. It is a shame that Ireland is No. 157 on the list of countries to ratify the convention and that countries we may choose to look down on privately are able to ratify a convention like this while we cannot.

Deputy Briscoe

I propose we ratify it in case we become No. 158 or No. 159.

Chairman

We will first hear from the Minister and with the agreement of members we will then hear from Mr. Watt. Members can then comment and ask questions.

Deputy J. O’Keeffe

The report on the Nice summit is due to be debated in the Dáil shortly. I am expected to participate in the debate.

Chairman

I am sorry. That is also why the Minister for Foreign Affairs or the Minister of State is not here. It is highly unsatisfactory, but we are caught with this all the time where important items are glossed over or rubber stamped without being examined. I appreciate your difficulty and the difficulty of other members who would be here if they could. I must leave at 5 o'clock and we have another more complex document to consider later, an extradition order, which I understand is urgent. Would it be more suitable to take the extradition order first?

It is totally unsatisfactory that the Department did not send us the documentation in time. It expects us to rubber stamp it. Even if we fall further behind in the list of countries to ratify the convention, I would prefer to read it than ratify it on the blind.

Deputy Hanafin

There is all party agreement to ratify the convention. Now that the legislation is in place we have an important opportunity to ratify it. I am in a position to outline the action we have taken in the fight against racism. The legislation would have rested with the then Department of Labour and the then Department of Equality and Law Reform. The legislation was held up at the Supreme Court twice, so a number of delays were encountered. Fortunately, we are now in a position to say we can stand over the laws we have introduced, the structures in place, and that we are in a position to ratify, albeit that the convention dates back to 1968.

Deputy J. O’Keeffe

We can go through the charade of a detailed examination of these documents, but I cannot do that.

Chairman

We have a meeting arranged for Friday morning. It was originally arranged to receive a Korean parliamentary delegation, but it cancelled in the past week or so. I took the opportunity to ask the Minister for Foreign Affairs to address the meeting on the Nice summit, but before he does so, I suggest we consider this convention.

Deputy J. O’Keeffe

The problem with that is they are both listed to be approved by the Dáil on Friday. On behalf of the Opposition I cannot give a detailed examination of these documents. The Taoiseach is due to address the House shortly on the Nice summit. On the most cursory examination, I see no obvious reason these documents should not be ratified. After 32 years the convention is long overdue to be ratified and, as Deputy Briscoe has pointed out, there does not appear to be much point in delaying ratification by another year.

From a quick reading of the notes, there appears to be a degree of urgency regarding the extradition document. On this occasion I will be prepared to record my consent to the ratification of both documents because of the enormous delay on one and the urgency of the other. I do so on the basis of my agreement with you, Chairman, that I do not want to be put in this position again, nor do I want this committee, which should be engaged in a detailed examination of such documents, to be put in this position again. I am prepared to go to the Dáil on the basis that you have my assent.

Chairman

Given that the convention is not essential and that I am not prepared to rubber stamp matters automatically at a couple of hours' notice from a Department, I will defer consideration of it until January and we will take the extradition document now. Is that agreed?

Deputy J. O’Keeffe

That is agreeable. Like you, I have always taken the view that extradition should be available between states.

Chairman

I am sorry we are unable to ratify both documents, but it is completely unsatisfactory that at the end of 32 years we are given a couple of hours' notice to act.

Deputy Hanafin

It is unsatisfactory that members of the committee do not have copies of the relevant documentation. I regret we are not in a position to proceed because it means this year will pass before we can ratify. This is a pity, especially when we are in a position to do so.

Chairman

It is unfortunate.